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Nuda: All rise. RTC Branch 13 is now in session. Honourable Judge Faigmane is presiding.

—— The Judge seats in the middle ——

Faigmane: Thank you. You may be sitted.

Nuda: The court is now in session. We call on Case No. 110789, Mrs. Nicole Guerrero vs. Ms. Elayne
Mariano, Violation of Art. 26 of the Civil Code, Alienation of Affection, Libel, Oral Defamation, Scandal

Faigmane: Is the plaintiff ready?

Nepomuceno: Yes your Honor.

Faigmane: Is the defendant ready?

Solomon: Yes your Honor.

Faigmane: We will now hear the statement froim the plaintiff.

Nepomuceno: The Defendant, Ms. Elayne Mariano, the third party in the conjugal relationship of Mrs.
Nicole Guerrero and Mr. Lexter Guerrero, have bothered my client and continuously displayed
disruptive conduct at several occasions already. I will prove that the defendant have harassed my client
and her relationship causing psychological violence to my client. The reason we’re here is to ask the
verdict of guilt, your Honor.

Judge: The defendant would like to give an opening statement and would like to differ until the plaintiff
rest his case.

Solomon: I would like to say your Honor that in the case of Nicole Guerrero vs. Elayne Mariano, my
client is being accused of violating the Art. 26 of the Civil Code causing alienation of affection,
committing libel, scandal, and oral defamation well in fact, my client only wants the plaintiff’s husband
to own up to his mistakes and support her in her pregnancy. The reason we ask your Honor, is the
verdict of not guilty.

Faigmane: Thank you counsel. For the plaintiff’s counsel, you may now call your first witness.

Nepomuceno: Yes your Honor, I would like to call on Mrs. Guerrero to the stand.

— Mrs. Guerrero approaches the stand —

Nuda: Please raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the
truth? So help me God.

Enrico: Yes.

Nepomuceno: Would you please introduce yourself Mrs. Guerrero.

Enrico: Ako po si Nicole Guerrero, asawa po ni Lexter Guerrero.


Nepomuceno: Mrs. Guerrero, how long were you aware of your husband’s “affair”?

Enrico: Recently lang po.

Nepomuceno: After you’ve found out about your husband’s infidelity, what did you do?

Enrico: Hinarap ko po siya.

Nepomuceno: Where did you confront him?

Enrico: Sa office niya po. Sumugod na po ako agad.

Nepomuceno: Did you have someone to accompany you?

Enrico: Meron po. Yung bestfriend po naming dalawa. Siya po kasi nag-confirm sa akin na totoo po na
may na-buntis po yung asawa ko.

Nepomuceno: And who is this bestfriend of the two of you?

Enrico: Si Chris Sabado po.

Nepomuceno: And what did you told to your husband?

Enrico: I told him na itigil na po yung relasyon nila. Sinabi niya po sa akin na na-buntis na nga daw po
yung babae kaya di niya daw po maiwan. Gusto naman daw niya po iwan pero di niya daw po magawa
kasi may nabuo na daw po kasing bata.

Mariano: *angrily shouting* HINDI TOTOO YAN!! MADAMOT KA LANG KASI. AYAW MO LANG BIGYAN
NG AMA YUNG ANAK KO. NAPAKASAMA MO. *sobs in the end*

Faigmane: Order. Order in the court. Please order. Counsel please advice your client to restrain herself.

Solomon: Yes your Honor.

Faigmane: Please continue.

Nepomuceno: So you let him continue his affair?

Enrico: Hindi po. Pero sinabi ko po na bigyan niya nalang po ng perang pang-sustento hanggang maka-
tapos po ng kolehiyo.

Nepomuceno: And he agreed to that setting?

Enrico: Opo, as long po na lalayo na po siya sa babae.

Nepomuceno: And did your husband complied to your demands?


Enrico: Yes po. Lumayo na po siya sa babae at pansamantala po siyang umalis ng kompanya namin.

Nepomuceno: And what was the mistress’ reaction?

Enrico: Nung una hindi ko po alam kasi hindi ko po kilala yung babae, pero nung mga sumunod na araw
po nagulat nalang po ako na may nagwawalang babae sa tapat po ng bahay namin.

Nepomuceno: Is the woman who said that is in this courtroom? If yes, please point her out.

— Enrico points out to Mariano —

Nepomuceno: When did that happened?

Enrico: Nung July 30, 2018 po. Around 2:00 PM po.

Solomon: Objection your Honor. There are no listed evidences here fully supporting her statement. She
may be lying your Honor.

Nepomuceno: There are CCTVs within the subdivision. We just have to get the court’s permission to get
them, your Honor.

Faigmane: Hmm. Okay. I hereby order this court to file a subpoena duces tecum in order to obtain the
said CCTV Footage. Counsel, you may continue.

Nepomuceno: Thank you your Honor. Did you heard what she was trying to say?

Enrico: Opo. Bakit ko daw po pinag kakaitan yung anak niya daw po. Napaka walang hiya ko raw po.
Madamot at swapang daw po ako.

Nepomuceno: Is there anyone who saw what happened?

Enrico: Opo meron po. Yung mga kapitbahay ko po.

Nepomuceno: And what happened after the defendant left?

Enrico: Pinag uusapan na po ako sa neighborhood namin.

Nepomuceno: Was that the only time that the defendant tried to humiliate and harassed you?

Enrico: Hindi po. Nag-post din po siya ng kung ano-ano po sa FB na may mga caption po na di kaaya-aya.

Nepomuceno: Your Honor, may I present Exhibit A. The said FB posts of the defendant to ridicule and
humiliate my client.

— FB Posts flashes in the screen —

Nepomuceno: Okay thank you Mrs. Guerrero. No further questions your Honor.
Faigmane: Okay. Counsel, would you like to cross examine the witness given by the plaintiff?

Solomon: Yes your Honor.

Solomon: So Mrs. Guerrero, have felt any kind of anger when my client allegedly made a scandal in front
of your house?

Enrico: Of course yes.

Solomon: Hmm. So were you that angry to the point that you would do anything to send her to jail?

Enrico: At that time, yes.

Solomon: My client told me that she blocked you on her FB account before when she and your husband
was just starting. And you told us that you didn’t even know her name. Is that true? That you didn’t
know her name then?

Enrico: Yes.

Solomon: With a woman your stature and power, let’s say, hypothetically you can easily fabricate an
evidence like that or hire someone to hack into her FB account? Is that hypothetically possible Mrs.
Guerrero?

Enrico: ...

— The audience starts to make noise —

Nepomuceno: Objection your Honor! The defendant’s counsel is speculating!!

Faigmane: Sustained. Counsel please refrain from asking baseless questions.

Solomon: Okay. I’m sorry Mrs. Guerrero. How sure were you that Mr. Guerrero, your husband, complied
to your demands, specifically the one where you want him to give sustenance to my client?

Enrico: I am 100% confident that he sent the money needed for your client’s pregnancy.

Solomon: Is that so? But my client says otherwise. She says that she never received any money in her
bank account.

Enrico: But... That’s impossible...

Solomon: No further questions your Honor.

— Enrico slowlys goes back to her side —

Faigmane: Counsel, you may now call on your first witness.


Solomon: Thank your your Honor. I would like to call on my own client, Ms. Elayne Mariano to testify on
this court.

— Mariano approaches the stand —

Nuda: Please raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the
truth? So help me God.

Mariano: Yes.

Solomon: Please state your name.

Mariano: Ako po si Elayne Mariano.

Solomon: Earlier, the plaintiff told us that her husband, wanted to leave you. Leaving you only with
sustenance for your child. Was that really the situation?

Mariano: No po. He really never wanted to leave me. Gusto niya nga daw po iwan yung asawa niya kasi
di niya daw po mabigyan ng anak. Baog po kasi siya!

Nepomuceno: Objection your Honor! The defendant is speculating! She doesn’t have any evidence to
prove what’s she’s trying to say!

Mariano: Totoo sinasabi ko! Bakit hindi niyo siya ipa-check up?! Siya mismo alam niya yan! Baog kasi
siya! Baog! Baog!

Faigmane: Please refrain yourself Ms. Mariano of accusing someone with evidence. Counsel, you may
now continue asking.

Solomon: Thank you your Honor.

Solomon: So Ms. Mariano, did her husband really left you?

Mariano: Oho. Ang alam ko po napipilitan lang po siya.

Solomon: So he did left you and just gave you sustenance for your unborn child?

Mariano: Totoo po na iniwan niya po ako. Pero isinusumpa ko po na wala pong iniiwang pera sa akin si
Lexter.

Solomon: So he never gave you any kind of support? Is that the reason why your caused a scandal at
Mrs. Guerrero’s house?

Mariano: Yes di po siya nag-bibigay. Pero hindi po ako yung nag-wala sa tapat po ng bahay nila.

Solomon: So where were you on July 30, 2018?


Mariano: Nag pa check up po ako nun. Kasama ko po yung babaeng kapatid ko. Umalis po kami ng
umaga, nakabalik na po kami ng around 1:45 sa bahay. Nag-pahinga nalang po ako nun buong araw.

Solomon: Hmm. So you never left the house the entire day?

Mariano: Yes

Solomon: Is there someone who can testify to this?

Mariano: Meron po. Yung babae ko pong kapatid. Kaso nasa retreat po siya ngayon.

Solomon: Ohh is there anyone who can testify that what you’re saying is true then?

Mariano: Meron po. Yung doktora ko po.

Solomon: Your Honor, I would like to call on the OB GYNE of my client to testify and support my client’s
statement.

Nepomuceno: Objection your Honor! The OB GYNE isn’t relevant since the time of the crime was around
2:00 PM. And the defendant only met with her OB at the morning until lunch, saying the she arrived at
her home around 1:45 PM.

Faigmane: Hmm. Sustained. Ms. Solomon, I’m sorry but you can’t call on her OB GYNE since she won’t
be helpful with our case. Will you be asking more questions to your client?

Solomon: Yes your Honor. Okay. So Ms. Mariano, you told us that Mr. Guerrero never gave you any
money to support your pregnancy. I would like to repeat is that true?

Mariano: Yes po. Kahit po pag iwan ng pera sa bangko hindi niya po ginawa. Ako lang po yung
nagbabayad sa mga pangangailangan ko.

Solomon: Your Honor, I would like to present Exhibit B. My client’s bank statement through out the year.
We can see that there were no sustenance given by Mr. Guerrero after all. That would be all your Honor.

Faigmane: Mr. Nepomuceno, would you like to cross-examine the witness?

Nepomuceno: Yes your Honor.

— Mr. Nepomuceno approaches the stand —

Nepomuceno: Earlier you told us that my client’s husband never gave you any sustenance. Is that true?

Mariano: Oo

Nepomuceno: And the bank statement that your lawyer showed us, is that your personal bank?

Mariano: Oo
Nepomuceno: Isn’t that my client’s husband, made you a joint account so that he can easily transfer the
money to you?

Mariano: ...

Faigmane: Answer the question, Ms. Mariano.

Mariano: Yes, pero wala na po akong access dun.

Nepomuceno: You don’t have any access to it anymore?

Mariano: Opo wala na po.

Nepomuceno: You do know that perjury is a crime? Right?

Mariano: Yes po.

Nepomuceno: Then why are you lying Ms. Mariano? Your Honor, I would like to present Exhibit C. The
said joint account of Ms. Mariano and Mr. Guerrero whereas P 100,000.00 is being deposited by my
client’s husband, every first day of the month. We can also see that it is being withdrawn the next day
after. So again Ms. Mariano, did my client’s husband sent you any money to support your pregnancy?

Mariano: ...

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